The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1887-06-25
ness TO or possession or control of pro-
perty belonging - the debtor.

0dIuISuecS nave tue IISOt 10 except
to impertinent questions and to with
hold answers thereto until such excep-
ton has been ruled on. When such
exceptions have been .ken, failure to
answer before ruling thereon canno, be
ground for Judgment pro co,.fesso.
When answers to proper iuterrogatories
unequivocabiy disclose that the gar
nishces have owed nothing and had
no possession or control on any pro-
perty VI the debtor since the garnish,
ment proceeding and such answers
have not been traversed, garnishees
cannot he required to answer other it,
terrogatories touching the disposition
and whereabouts OF property which
have been In their possessin,. al some
time prior TO the punishment. Such
inquiries could be proper only under
traverse. Judgment amended
BY JUSTICE WATKINS ex rel
John +. Ludeling vs.. William +.
Millsaps, Judge al hoc-No- ll6S-
Application for u writ Of prohibition.
A district judge who has reused
himself and appointed II lawyer or
judge al hoe to try the refused case is
the only one who has the jurisdiction
or authority to appoint some one to
fill vacancy caused by the removal,
! death or resignation OF the latter.
Plaintiffs demand denied and writ
OF prohibition set aside.
Helen Stafford aud Curator ad h1en, vs..
Succession of VIM. S. Mcintosh.
Consolidated with oppositions to ac-
count fled for the deceased AZ All
nlnisirator of Margaret Stafford and
as tutor for plaintiff No. ISL
Appeal from the 9th Judicial, Dis
trict, Parish Of Richiand.
l. The fees Of an attorney for services
rendered in the defense of suits against
tutor on account of debts of minors
parents are Legitimate charge against
the succession of TIE parents.
2. When the proof shows that an
administrator has made an honest en-
deavor 10 protect the interest of the
succession aud the heir the maximum
contra SloOliato'7tU o3'a,ei0 3oaes,t1,1o,lfe,
does not apply.
). Unless 1t has been shown that the
successiOn's representative has neglect
ed his duty and has not used an honest
effort to collect rents he cannot DO
mulct In damages therefor, but he must
! account for all he has received. Jndg.
meut amended and increased in favor
of plaintiff. [Justice Todd took no part
In this case.J
The State National Bank Va. G. A.
Singer.-No. 1l75.-Appeal from the
Fifth Judicial District, Parish Of
Ouachita.
One signing his uame on the back of
piece of commercial paper as the
! cashier of a bank cannot be held as
surety thereon In case of its non-pay-
ment ii he was at the time of signing
duly authorized to sign as such. Judg-
ment affirmed.
Simmons Hardware Co., W.. J. T.. Nc
CURE, Sheriff and Tax Collector,
This is a suit brought by plaintiffs
to test the coustitutionaiity of the
drummers tax or license law. We ap-
pend the syllabus of tho opinion and
the decree.--ED. TEL.
l. A law of a State cannot impose
license taxes upon persons passing
through, or coming into it merely for
temporary purpose, especially il con-
| nected with Interstate commerce; nor
can it impose such taxes upon pro-
perty imported into ii from abroad, or
from another State, aud not yet become
part of the common mass of property
therein.
9. A State cannot enact any law or
establish any regulation affecting in
terstate commerce. Same would be an
unauthorized interference with the
power given to Congress on the subject.
3. Interstate commerce cannot he
taxed at all by State statute, even
though the same amount of tax should !
be laid on domestic commerce, or that
which is carried on solely within the
State.
4. The negotiation of sales of goods,
which are In another State, for the pur-
pose of Introducing them into the st ate,
to which said negotiation is made,
Is Interstate commerce.
S. That part of Sec. ~ Of Act. lOl of
1856, which declares that 'aII travelling
agents Offering any species of merchan-
disc In this State for sale, or selling |
same by samples or otherwise, shall |
pay a license of $50. 90" is re.
pugnant to paragraph three, section
eight, article one, of the United States
Constitution, which declares that Con-
gress shall have power to regulate
commerce among the several States
and same Is UNCONSTITUTIONAL and in |
so far as such travelling agents may
represent principals domiciled in other
States are concerned fhafax IL nutf